Navigation Act 1912-1920
ORDER UNDER SECTION 7
Exemption of Trade with Norfork Island.
Commonwealth of By His Excellency the Governor-
Australia to wit. General of the Commonwealth of Australia
FORSTER,
Governor-General.
Whereas by section 7 of the Navigation Act 1912-1920 it is among other things enacted that the Governor-General may by Order declare that the carrying of passengers or cargo between ports in any Territory under the authority of the Commonwealth, or between ports in any such Territory and any other Australian ports; or ports in any other such Territory, shall not be deemed engaging in the coasting trade:
And whereas it is desirable that the carrying of passengers and cargo between Norfolk Island, a Territory under the authority of the Commonwealth, and ports in Australia, or ports in any other such Territory, shall not, during the period during which this Order is in force, be deemed, engaging in the coasting trade:
Now therefore I, Henry William, Baron Forster, the Governor-General aforesaid, acting with the advice of the Federal Executive Council, do hereby declare that the carrying of passengers and cargo between Norfolk Island and ports in Australia, or ports in any other Territory under the authority of the Commonwealth, shall not, during the period during which this Order is in force, be deemed engaging in the coasting trade:
And I do further declare that this Order shall come into operation on the first day of January, One thousand nine hundred and twenty-four.
Given under my Hand and the Seal of the Commonwealth,
at Melbourne, this twentieth day of December, in the
(L.S) year of our Lord One thousand nine hundred and twenty-three,
and in the fourteenth year of His Majesty’s reign.
By His Excellency’s Command,
E. K. Bowden
for Minister of State for Trade and Customs.
(N23/5903)
GOD SAVE THE KING!
Overview
The Navigation Act 1912-1920, enacted by the Parliament of Australia, aims to regulate maritime trade and navigation within Australian waters, ensuring safety and compliance with national maritime laws. One specific legislative instrument, F2006B00467, issued under section 7 of this Act, provides an exemption concerning trade with Norfolk Island. This instrument was introduced to address the need to clarify the status of maritime trade operations between Norfolk Island and Australian ports, ensuring they do not contravene the coasting trade regulations. The policy objective behind this exemption is to facilitate smoother and more efficient trade operations between Norfolk Island and mainland Australia while maintaining regulatory oversight to protect maritime interests. The Order, declared by the Governor-General in 1923 and coming into effect in 1924, signifies the Commonwealth’s intention to streamline these operations without breaching existing maritime laws.
Scope and Application
The Navigation Act 1912-1920, as modified by the Legislative Instrument F2006B00467, pertains to the exemption of trade specifically with Norfolk Island, a territory under the authority of the Commonwealth of Australia. This legislative instrument, issued under the authority of the Governor-General, effectively exempts the carriage of passengers and cargo between Norfolk Island and any other Australian ports or territories from being deemed as engaging in the coasting trade. This exemption applies to any person or entity conducting such trade during the period the Order is in force, thereby facilitating trade activities without the constraints imposed by the coasting trade regulations. The Order is in effect from 1 January 1924 and operates under the purview of the Commonwealth, extending its jurisdictional reach to all ports within Australian territories. The exemption provided by this Order is limited to the transportation between Norfolk Island and other specified ports and does not extend to other types of trade or activities not explicitly mentioned in the Order.
Key Provisions
The primary operative sections of this legislative instrument (F2006B00467) pertain to the exemption of trade with Norfolk Island from the coasting trade regulations as stipulated under the Navigation Act 1912-1920. Section 7 of the Act empowers the Governor-General to issue an Order exempting the carrying of passengers or cargo between Norfolk Island and Australian ports, or other territories under Commonwealth authority, from being deemed as engaging in the coasting trade. This Order, declared by His Excellency the Governor-General, explicitly states that such activities will not be considered as engaging in the coasting trade during the period the Order is in force. This exemption is effective from the first day of January 1924, as detailed in the instrument.
The obligations and requirements imposed by this legislation are straightforward. The Governor-General, acting with the advice of the Federal Executive Council, must declare that the transport of passengers and cargo between Norfolk Island and other Australian ports or territories under Commonwealth control will not be classified as coasting trade. This legal declaration ensures that the specific activities are exempt from the coasting trade provisions under the Navigation Act 1912-1920. The Order must be issued and come into effect on the specified date, which is the first day of January 1924, to ensure that the exemption is applied as intended.
In terms of offences, penalties, or consequences for breach, the legislative instrument does not explicitly outline specific sanctions for non-compliance with the Order. However, any breach of the Navigation Act 1912-1920 could potentially lead to civil or criminal penalties. Given the context of coasting trade regulations, breaches could result in fines or other legal actions as prescribed by the broader Act. While the maximum penalties are not detailed in this Order, they would be determined under the general provisions of the Navigation Act 1912-1920. The importance of adhering to the Order is implicit in the legislative framework, as non-compliance could undermine the purpose of the exemption and lead to legal repercussions.